What about multimedia copyright enforcement?
This is a fairly new and very agressive type of enforcement. Normally compliance actions are thought of being just against companies and other enterprises.
However, the enforcement of multimedia copyrights has been taken to a new level, including actions against individuals and their home computers. The two primary organizations doing very agressive enforcement of multimedia copyrights are:
What is "Hard Disk Loading"?
Many hardware/computer vendors, who think they are doing us a favor, will load a hard drive with an incredible number of applications. Unless the owner knows exactly what is all on that hard drive when purchasing a new computer, they could have numerous instances of unlicensed software. The software compliance agencies will hold the owner of the computer liable, not the vendor. Top
What is Bundled Package Breaking?
Essentially, it involves breaking up the various components of a bundled software package (such as MS Office) and loading those components onto separate computers. An example is taking an office suite and loading the word processor on one computer, the database on another computer and the spreadsheet on still another computer. Top
What is Counterfeiting of Software?
Software is counterfeited when it is duplicated and sold as if it were legitimate and authorized by the copyright holder.
You are guilty of using illegal software even if you were NOT aware of its being counterfeit when you purchased it! Top
What is DMCA?
The Digital Millennium Copyright Act (DMCA) as signed into law by President Clinton in 1998, affects everyone, computer user or not.
DMCA Highlights Generally:
Makes it a crime to circumvent anti-piracy measures built into most commercial software.
Outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy software.
Does permit the cracking of copyright protection devices, however, to conduct encryption research, assess product interoperability, and test computer security systems.
Service providers, however, are expected to remove material from users' web sites that appears to constitute copyright infringement.
Limits liability of nonprofit institutions of higher education -- when they serve as online service providers and under certain circumstances -- for copyright infringement by faculty members or graduate students.
Requires that the Register of Copyrights, after consultation with relevant parties, submit to Congress recommendations regarding how to promote distance education through digital technologies while "maintaining an appropriate balance between the rights of copyright owners and the needs of users."
States explicitly that "[n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use..."
What is Internet Piracy?
When "trial" or "time-limited demos" are used beyond their allotted time. Also, the unauthorized sale of software via the Internet. Internet Piracy also includes commercial titles being reproduced, sold or purchased via Internet auctions, sales or other on-line services. Top
What is sharing software piracy?
Essentially the same as Soft Lifting. That being the sharing of copyrighted software with friends and co-workers without purchasing additional licenses. Top
What is Soft Lifting?
This is the one most businesses and home users are guilty of violating. Soft lifting involves using a single program and loading it onto multiple computers without owning enough licenses for the installations. It also involves loading software owned by one person onto other computers or by sharing software with friends. Top
What is software compliance?
Compliance is determined by whether you have legally acquired and are using a given copyrighted software in accordance to the terms and conditions set down by the copyright holder (software publisher). Top
What is software rental non-compliance?
Unless the software publisher has clearly licensed the product for distribution by an ASP or other authorized software distributor, software cannot be rented. An exception could be a non-profit group when used by non-commercial renters. Top
What is UCITA?
UCITA, the Uniform Computer Information Transaction Act, is Article 2B of the Uniform Commercial Code. It allows the following:
The opening of shrinkwrap (generally off the shelf software) can make the license binding, even though the license is in the box where you can not see it!
A copyright holder can remotely disable your software if they feel there is a problem with you observing the license terms and conditions.
The software does not have to deliver a product as advertised!
The publisher can modify the licensing and you are bound by it, whether you were notified or not.
The publisher can purposely conceal a known software bug from you. - UCITA makes it illegal for you to make product review that is negative!
For more information, do an Internet search on UCITA.
Careware - Donate to a charity and show proof the author. It does have a license;
Shareware - After a trial period, usually defined in the license, you pay for it or stop using it;
Single User - One person on one computer only;
Named User - To be used by a specific individual only;
Shrink Wrap - Usually off-the-shelf software. You may be bound by the license once you open the shrink wrap, even though it's in teh box where you can read it;
Click Wrap - Usually downloaded software from the Internet. Once you click on "I Agree", any previous license for that product is null and void;
Click Through - Just installing it means you agree to the license. You don't even have to indicate your agree. Installation is explicit approval of the license;
Competitive Upgrade - A competitive upgrade does not mean you must stop using the software upgraded from;
Version Upgrade - You must stop using the version upgraded from;
Font License - Something new, and potentially very dangerous;
Multimedia - Includes MP3s, Digital Music, and Digital Video. This is being aggressively enforced by the music and movie recording industries. This CAN affect you on you home computer!!!
Other licenses, generally business based include Processor Based. Capacity Based, Network, Site, Enterprise, Concurrent, Metering, Client Access Licenses (CALs), and Volume.
Where do Compliance Agencies get their powers?
Primarily from Federal Copyright laws. But also from Patent laws, international treaties and the terms and conditions of their licenses, and, of course, the courts. Top
Who are the Software Compliance agencies?
Software compliance agencies (better known as the "Software Police") include software publishing companies, organizations, governmental agencies, and corporate "SWAT" teams who exist to establish, investigate and enforce compliance in the software field.
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Just wanted to say 'I'm glad I found you!' Pulled out my TI and have started to play with it again. I forgot how much fun it was. Wish there were more people out there still using it!
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